SALE TO DISTRIBUTORS NOT RETAIL TRADE
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The SEC ruled in its SEC-OGC Opinion No. 06-32 that Republic Act No. 8762, otherwise known as the “Retail Trade Liberalization Act of 2000” covers only the sale of goods for consumption to the general public as end-user. Further, goods for consumption should be construed to refer to the final and end uses of a product which would directly satisfy human wants and desires and are needed for home and daily life. Thus, the sale by a corporation of its “Network Box” to distributors and wholesalers, who in turn will market and sell the same to corporate and business end-users, cannot be considered as retail trade as it is not destined for personal, family or household use, consumption and utilization.
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